The Sun. — London, England, 1818-12-10 00:00:00

P' LAW I NTELLIGENCE VICF.-CHANCELLOR'S COURT, DEC. 9. PARISH OF ST. DIiNsTAN-IN-THE-WEST. BARNES V. ABRAHAM AND LLOYD This is a case considerable importance re specting the appropriation of tithes in thi exten - tive parish. The plaintiff was vested with the Rectorage of the parish of St. Dunstan, in the West, in the year 1812. by conveyance front. Mary Williamson, widow of the late incumbept, tell() had united in himself the characters bath of Rector and Vicar. In pursuance ot.the statute of the 37th of Henry VIII. the plaintiff, Who was Rector, only con ceving himself entitled to the tithes of the Rectorage, made a demand to that effect. This was resisted on the part of the parishioners, a% well as On the part of the Vicar. The plaintiff filed his bill, and the defendants put in their answer, both of which were amended from time to time. The defendants admitted that there was a prima facie title on the part of the Rector to the tithes, because the Statute of the 37th of Henry VIII. was of a general, and hit!►erto undisputed opera tion. But the grounds upon which they denied the Rector's right were deduced altogether from circumstances in the history of this ancient parish, which rendered it a _singular exception to the uniform system of ecclesiastical paro chial administration. The Abbot and Monas tery of Anwick., in the County of Northum berland and Diocese of Durham, previous to the dissolution of the Mouasteries, were seized of the parish of St. Dunstan, with all its emoluments and duties. It appeared, that upon a subsequent investigation of the stare of the parish, that the Abbot was obliged to furnish a resident Canon, or stipendiary Priest, for the better J►erfotmance of the sacred duties in the parish. The ordi nation ot the person who was to discharge these duties implied an endowment ; and though the instrument of the first induction could not be found, still it was plainly deducible from the records connected with the parish, that the folic tionary had been endowed with all the emoluments of tir e parish, iecluding tithes, oblations, christ ening fees, burial tees, &c., with the title at Vi car, he at the same time conttlbuting the sum of IS/. a-year to the Abbey of Art wick, in which the rectorage was invested, in lieu of those emolu ments. This pe•ision was afterwards Rioted to JUL. a year. Uoon the dissolutions of Monaste ries in this kingdom, his Majesty, Henry VIII. was seized of this rectorage, anti continued to re ceive, as usual, the a nnual sum of 101. front tire Vicar. His successors also receiver! it up to the period of Queen Elizabeth, when the rectorage Was alienated ft am the Crown, without any pre judice, however, to the existing relations of the parish. Upon the title of the present Vicar to the tithes as tiors deduced through a succession of reigns, the defendants (including the parishioners. and' Vicar,) rested their case. The plaintiff, so tar as could be understood, in tended to rely upon the circumstance of an agree ment having taken place in the year 1663, be tween the then Rector and the then Vicar of the parish, by which the previous situation of the Vicar was entirely changed, and the Rector be came entitled to the tithes of the parish. There were other points,of defence with regard to the amount of the tithes, which were to have been urged, but his Honour expresser) an appre hension of his noz having the jurisdiction to decide the matter by his own authority. The Decree of the House of Lords established, that in every conflict with the Laity, the Church had a right to an issue, and in the present case his Honour found it extremely difficult to decide whether or not it was one that might to have an issue. He re quested that the Bar would afford hint its assist ance, and should it eventually appear that his ju risdiction was so co-extensive with the question, Le would do his utmost to consider of it.—The case was accordingly postponed. COURT OF KING'S BENCH, DEC. 9. Sittings at Nisi Print, before-the Lord Chief Justice ABBOTT and a Special Jury. CONSPIRACY. The KING againSt AUSTIN BOGLE FRENCH, JOHN FRENCH Bu I -1F; E, and MATTHEW WA L. 11 13 for colluding and conspiring to fit out a British Ship, and obtaining for her a Commis sion as a Letter of Marque under foreign colours, for the purpose of capturing ships with British property on hoard, under the protection of licence from the Privy Council and Secretary of State of England, and for capturing under such false pretence the Danish ship Carlotte with a Bri- tish cargo on hoard, and protected by a Blitisb licence. There tvere other persons tinder the 8 rue imputation %Vith the parties above-named, one of whom, J (Am linton, has been out lawed in the course of the proceedings in this cause, and the other, Antonio de Loza, a Spanish subject, not amenable under the circumstances of (lie rase to the laws of this country, and, con sequently, neither was included in the present indictment. The parries in the indictment had been at least tritl of respectable sitnation and character h) the City of London. A. Bogle Fieti , ..l, the branch of a once most respectable mercantile house; Fue.och Borke, a partner in the said house ; and 111,tthE - a' kValsb, one of the present harbour mas ters of the Port of London. l'he trial was of considerable importance, and coittinned from nine in the morning until eleven 'at night. The Coon s!!l tnr the prosecution were Mr. Gurney, Mr. Bollaud, and .Jr. J. Parke; for the defence, Mr. Scarlett, Mr. Curwond, and Mr. Campbell ; and from the extreme length of the evid , ..nee and other procetdinvs we are necessarily confined to a sum mary sTetch. it appeared that the circumstances in which this rase originated were as 10110r ,7 :- At the latter end of the year 1812, the house of ogle, French, and Co. had entered into an ac!,ieement to fit oUt a Utitish vessel, their pro perty, called the Pitt, for the purpose of obtaining for lier7ts contrniA:',ion as a Spanish letter of maryite, to .croise against the enemies of Spain 3 slid tvith ti.is view they sent the ship, with 3 British cargo, to the Portuguese butt of Vians, from which place V sailed to Vigo, in Spain, and thence to Co rtmnit ; acid Mr.. Walsh, who had, been formerly a Captain in the Portuguese Navy, and afterwards in the British Commercial Marine, went from England to Spain in order to take the command of the ship, as a Spanish privateer, at the stipu lated, pay of 501. per month,. and five per cent. upon ibe nett proceeds of the adventure ; but when he arrived in Spain, he stated in his letters borne, that the' vessel appeared to belts such a stare as to be unfit to proceed to sea for her first intended purpose, and, therefore, she was sold to a Spanish merchant, whO af:erwards fitted her tos as a privateer, obtained for • her a commission from his Catholic Miljesty, under the new name of the Juan Baptista. A Spanish mariner named Antonio de Loza was said to be . her Captain ; Mr. Walsls accepted the office of linguist, and she proceeded to cruize in tire iris's Channel ; and on her. cruize there, she put into die harbour of Guernsey, tor the purpose of careening, being very told at bot tom. When she anchored in that port, Mr. Walsh and Mr. Burke, who was also ou board, came or; shore and applied to a respectable house there of Collins and f a :o., with a proposal to advance mo ney for the necessary repairs of the ship. Mr. Collins, riot knowing Mr. Burke, declined, unless be had some approved security. Both said they were only passengers, and Mr. Burke introduced Mr. Walsh as a Captain. in the Portuguese ma rine. Mr. Burke then proposed to give Messrs. Collins a draft on the house of Bogle, French, and Co. London, requiring no advance of money until they were satisfied the bill would he paid. This was agreed, and the bill was transmitted, and honoured by Bogle and Co. and in conse quence the money was advanced to the amount of 3131. I2s. Id. and also a further sum of .50/. being the award of an arnitratioa for some injury sustained by another ship running foul of the leg of the 'Juan Baptista, while careening, and a fur ther sum of 131. as a balance for other advances, which all were paid by the house of Bogle, French, and Co. London. Mr. Moore, rite Spanish Con sul at Guernsey, as soon as he saw the privateer under Spanish coloUrs enter the harbour, went on board, saw Mr. Walsh, arid asked him what his views were by coining into the Channel, as there was nothing to be gained there,—no enemies cruis ing—no British privateer even. But IValsbanswer ed, be must take his chance ; his owners had ordered him to cruise there. The appearance of this vessel, however, excited some suspicions among the ships in harbour ; and one vessel, called the Palmyra, with a British cargo and British license, ventured to poi to sea ; but the Juan Baptista immediately slipped her cable, and fol lowed her ; but the Palmyra, after sailing about four miles from the harbour, returned again, and was followed in by the Baptista. This circum stance excited much apprehension amongst the merchants of Guernsey, who immediately applied to Sir John Doyle, the Governor, who sent for Messrs. Burke and Walsh, and also De Loza, and sonic of the merchants were present. The two first he asked up to his drawing-room. He had formed so favourable an opinion of Mr: Burke, that he had invited hinsand his friend to dine with him before. He suggested the rumour which had been excited, and expressed his hope it was groand less. Mr. Burke was the svokesman. Walsh said nothing ; and Mr. Burke neither acknow ledged nor denied his intention to take the Pal myra ; but said, if he had, there was nothing to binder him, for he had the commission of his Ca tholic Majesty, and might take any ship with an enemy's cargo, and no British man of war could binder bins. The British Government might protect protect foreign vessels against their own cruisers, but they bad no authority to control a Spanish commission ; and he would trounce any British Officer in the Court of Admiralty who should at tempt to interrupt him. He was extremely ar dent and vehement in his arguments, and in a day or two afterwards he quitted she harbour.• While the ship was careening, Mr. Walsh paid a visit to London, and made himself acquainted with such vessels as were about to leave that port with Privy Council licenses, and he returned by the time his ship was refitted. Having sailed from Guernsey, he was cruising in the Channel, and was fallen its with by a Bri tish cutter of 10 guns and 75 men, commanded by Lieutenant Gordon, who, seeing him under foreign colours, felt it his duty to interrogate trim, and was informed he was bound for Dover, and intended to cruise in the Channel before. he went there. Lieutenant Gordon, in conse quence of some intercourse which took place, and the conduct of De Loza, went 'an board and asked for the Captain —De •Loza was strewn to him ; but shortly afterwards Mr. Walsh came from the state-room, and by his manners and appearance appeared to be tile Com mander of the vessel. He felt it his duty to take possession of the privateer ; but after some explanation, and a menace from Mr. Walsh, that his owner would prosecute him to an expence of 30,0001. for impeding his cruise—besides the cen sure he would incur from his own Government in taking possession of the ship of Vvar of an ally, he suffered him to depart. lie perceived, how ever, the next day, that he was dodgiug a Danish ship with a British cargo on board, and protected by a British licence, which Lieut. Gordon had previously examained, and found correct, and he accordingly sent his boat on board this vessel with an officer anti some men, for her protections, offering to escort her to her intended port. The Danish vessel was the Carlotte. She bad some time before sailed with a British license and a cargo of wine and brandy from Bourdeaux to London ; from which place - she was now hound with a British cargo of coffee, sugar, and pep pers, to Havre, valued at 60 or 80,0001. but which, at the current prises of those commodities in France at that time, was expected to produce to the owners 180,0001. Captain' Walsh sent a letter to Lieutenant Gordon, with his compli ments, saying, that as he bore the commission of his Catholic Majesty, he wished to examine the foreign ship now under his protection, being well in formed she had enemies' property on hoard (Spain having at that time declared war against France and Denmark). Lieut. Gordon not caring to risk an interference which might become a question between the two GOvernments, recalled his officer and omen from the foreign ship, a ri d c apt , Walsh sent an armed 'force on board of her, demanded the Captain's papers,' and told him " he ‘i ell knew the Carlotte, that he had her name in his list, that he was waiting for her, and was lately in Londem, and saw her take in her cargo in the London Ducks." He, in short, captured the ves sel. Lieut. Gordon, who saw the transaction, told him he bad better prOceed to Dover with the ship, being his original destination ; but he an swered, that he preferred taking her to Ports mouth, where lie 'accordingly carried her. The owners in London being informed of this trans action, took the most effectual steps for the de tention of the ship, and security of her cargo ; and proceedings were instituted in the Admiralty Court which led to a contest of three years, at an immense expence ; and, in the course of these proceedings, affidavits of all the parties were filed of considerable length, and which were now read in evidence; in which it was admitted, that the house of Bogle, French, and Co. hail agreed to fit out a ship to become a privateer under Spanish cominis3ion and flag, not conceiving they were thereby committing any infraction of the, laws of this country, as such adventures were customary with British merchants; but denying most solemnly that they had any concern as principals with the San Juan Baptista, from the time she was sold at Corinna, and had actually become a Spanish pri vateer; that they had any command of, or con trout over the vessel, her Captain, or crew, or any concern whatever with her proceedings at Guernsey, or her capture of the Carlotte, nor any controul over that vessel, or any power to restore the cargo to the claimants. But it appeared from the whole evidence; from the correspondence of the several parties in their own hands ; from the bills of exchange drawn by Burke and Walsh, for a set ics of years, on ac count of this vessel, on the house of Boyle, French and Co. and paid by them ; from the very items charged in the accounts of Bogle, French and Co. as discovered after their bankruptcy, and from the sums of money advanced by them to carry on the law proceedings in the Admiralty Court against the claimants and in support of this capture ; that the whole was carried on with their privity, and at their charge, 'and with their constant and successive knowledge, and for the common account. Mr. Clarke, the principal assignee of the bank ruptcy of Bogle, French, and Co. proved that considerable sums were advanced by the assignees for the benefit of the estate, to carry on the suit in the Admiralty Court, in support of the cap ture ; but in consequence of accounts and writ ten,documents which he discovered in 'a closet in the bankrupts' house, containing a series of statements directly contradictory to their affidavits in the Admiralty Court, he perceived the assignees were supporting a most urgent suit, and with their consent. he surrendered those documents to the claimants, who were the true owners of ship and-carg6, for which, and his zealous and labo rious assistance for a year and a half in adjusting the accounts and facilitating• the recovery of the property, he received 20001. But he was a claim ant on, the bankrupts' house for 10,0001. ; and if the suit for recovering the Carlotte and her cargo bad succeeded, he must have got 60001. Mr..SCARLETT and Mr. CAMPBELL severally addressed the Jury on behalf of the defendants, but adduced no evidence. The LORD CIIIRF JUSTICE summed up for the Jury, who, without retiring, found the defendants All Guilty, but recommended Mr. Augustus Bogle French, as an object of lenity, as be was but 22 years of a'ge when this transaction commenced ; to which his Lordship promised to pay due at• ten tion. COURT OF KING'S BENCH. DEC. 7. DOE ON THE DEMISE OF THE POOR OF EMANUEL HOSPITAL., V. FAIRMAN. * This was an action of ejectment, to recover possession of two small pieces of land belonging to Emanuel Hospital, Westminster, 4hieh, Loge ' they with Some other land belonging to the Hospital, was leased to Taylor, in 1803, for a term of twenty-one years ; the tease to be terminable, on notice being given by the lessors, at the expiration of seven or fourteen years; and it was further proxided, that as the Corporation of London were Governors of the Hospital, a notice to terminate the said lease, signed by the Town- Clerk, and left at the residence of the tenant in possession, should be sufficient notice. Mr. Taylor died soon after the lease was granted, leaving three children, and a Gentleman named Locket, executor. Alr. Locket underlet,the pre mises in question, and the part now the subject of dispute, to the present defendant. In 1816, the Governors considering it desirable to put a period to the ,lease, served Mr. Locket and the other tenants in possession with notice to termi nate the lease at the end of 14 years, namely, in 1817. The present defendant w as serve d w i t h a notice on account of the land be held ; but when the time of quitting arrived, he refused to give up the premises, on the ground that be had not been in possession when served with the regular no tice. The plaintiff having, however, fully proved his case, Mr. Anot,Putis; for the defendant, said, he felt that his client could not make any effectual resist ance ; he had never resisted contumaciously, but under circumstances, of peculiar hardship, which could not be made a subject of enquiry here.— Verdict fdr the plaintiff—Damages is. FOR TIIE SUN. 115. EDlTOR,—Observing in a Public Print the report of a cause wherein I was the defendant, 1 beg leave to mention a few inaccuracies in that statement, which I arl sure your candour will do me the favour to correct by the insertion of this Letter. The fact ►ealiy is, that 1 purchased the premises in one case subject to a ground rent. This circumstance was not explained, nor could it be known to the Judge or the Jury, though the very man of whom I bought them was examined as a witness: 'f tae lessee was served with a notice to terminate the lease at the expiration of the 14 years, but not the tenants in possession, which * We noticed this case on Monday last, and stated the reason why it was not heard on Saturday, fir. the absence of the Defendant's Counsel. It has since been heard ; but as the report is not sufficiently explanatory of the whole motifs, in justice t 9 Captain FA:nNAN we subjoin hi 9 letter. was admitted in evidence ; nor indeid werelr l a served notices to quit, after the 1 01 1" # 1 : 1 1 been so te rm i nate d. In the other easel ren t e d. Btu, in addition to the purchase, I expen de d considerabl e sum in inprovements, more—iideea than double the amount of their original cost..- A good a defence, on a va ri et y o f groun ds. (11 ' consider mine to he in this action, thatWhe ) . was called on last Saturday, in the absence bf Counsel and Attorney, I expressed my readig e . s , to the Judge to undertake it in person. Th e In dulgenee of his Lordship made this, however, on # necessary, by his permitting it to stand t' ver i Next Term my int en ti on i s to move i n arrest ° ll judgment, or e l se f or a new tr i a l , as a l, o to file in equity. My sol e m o ti ve i n trou bling y o ` t with this explanation i s , th a t t h e e i re nmstanc es may not go abroad to the world in false colour''' I have the honour to be, &c. &c. W. BLENNERHASSETT FAIRNIANO Captain late 4th Ceylon Regitnent. OLD BAI LEY Yesterday the following prisoners were c B i tally convicted : Joseph Mason, for assaulting Lord Basset ." the King's highway, and taking from his person two gold seals, &c. - Sarah Thwaites, for breaking and entering till dwelling-house of Joseph Allen, and stealing a silver watch, &c. William Ba!dock, for assaulting Hushai Jon" on the Icing's highway, and taking from his P er ' son a hat and silk handkerchief. Robert Thrower, for stealing a clock, three coats, &c. of Joseph Braidley, in his dwelling' house. George Wm. Handy, for breaking and entetil the dwelling-house of John Spice, and steali"v several articles of wearing apparel. of Jahn Moon, for stealing a 51. Bank-tot e is James Jerkins, in the dw e lli ng -h ous e of - 1 0" Hewett. John Pidgeon, for a bn rg l ar y i n the dwelling' „4 house a Abraham Borratlaile, II" and stealing ("' I/. Bank-notes and othev monies. WURDER,-A most shocking murder w 3 s, e° „ lll ; mitted in the neighbourho o d o f 'Liverpool' Wednesday last. A woman of the name Nixon was found about dusk in the evelli n g;' in the road from Derby Chap e l to Fai mi. ' e .; ley, with her throat cur, by a young boy, 5- f, of the Rev. M r . Towne. She was' not tl but expired in a short time a fte r wards. ', d , knife with which the fatal deed had been c ° " o . „ muted was found near the place where 11) . e j man was lying ; which having been trite% to belong to the family by whom the husband was employed, he w a s - o f atelv taken into custody, to await the - verd lc. 0. the Coroner's Jury. It is said that the and her husband had not lived together for s lfr ho time. On Saturday, an Inquest was held or' t er , body, before HARVEY WR I GHT, Esq., Cor°, e cf when a verdict of Wilful Murder was rela re against the husband, who was immediately c Q O - 1 1 minted for trial, and sent off the same afW l3° to Lancaster. (4 f. Ftex-Aums.—Parents cannot be cant,! o-e l frequently, or too strongly, against all""vgirl young boys to use fire- ar ms. A fine•lotl e Pbo was shot dead at Wimbledon, on Friday 10' a gun accidentally going off, which a ! l oll(' thirteen years of age had in his hand. scarcely could have raised a heavy gun, w° s fered to go out in the fields shooting sparrovf6.or Monday a wowan died at Coppingfordflo Huntingdon, who had for the preceding wee k t • c tie in a dormant state. In the course of thel t she had beet) let blood, when, it is said, she op jol 00 ed her eyes, but immediately afterwards le" d o her former state of somnolency, and continue till she died. . COAL MARKET, DECEMBER 9. Ships at Market. Ships sold. nic e ' ia;, 36/ Newcastle ....... 15f. .......355. nd. to 2 Sunderland I 335. 6d. to -rd 4 BIRTHS. On the 3d inst. at Cheshunt, the Lady of 'no' ; Walton, Esq. of the Foreign Post Office, of a daughte • On the 7th inst. at his house, is Gloucester - P l ' 6 0 Lady of W. L. Hughes, Esq. M.P., of a daughter. . ' MARRIED. - 13 1 s 1° Last week, at Mary-le-bone New Church, 1 - 1 01,1 f. ,„diss Hunt, Esq. of the Theatre Royal, Covent-gardett ,t atF s daughter of Dr. Merry, of Bath, and late of 1 1 0 Royal, Drcry-lane. —,,.. DIED. - • mi. TV! . On Tuesday last, at his house, Ealing-common — -* . .„- Hyatt, surgeon, aged 64. ;; of W ' On the Bth inst. at Pentoncille, Elizabeth, e . ci w. Samuel Sampson, of St. Swithin's-lane, London, 07_1.1:.........,,,,e PROVINCIAL BIRTH, MARRIAGES, AND Eaos• BIRTH. 110 0 ' On the 23d ult. the Lady of the Rev. Jos. Vareu:le) of Staplehurst, of a daughter MAIM/ED. f i esteff On Thursday last, at Chatham, Mr. Francis,_ of sp,,,e ;c a. to Mary, only daughter of Mr. P. Hillyer, of his , - 3 - io Dock-yard. • l ring , On the 30th ult. at Brencbley,• Kent, Mr. Mane' 4 Miss Barton, Brenchley. o . ` '; in 3 - j' Lately, at Bishopwearmouth, Mr. Nicholas Plant''). 76, to Mrs. Elizabeth Haw, aged 72. This gaY:‘''' u ' i ff,at ci" possess only one eye between 'em; but we prestl l ''''' must indeed be " a piercer." ...... „..-..—...5.,--.-,• ji Of DIED. for me On Thursday last, at Maidstone, Mrs. Pac l f :. Louse. On the 30th ult. Mrs. Acworth, of Chatham. On the 2d inst. at Tenterden, Mr. T. Parton. ...., Same day, at Pluckley, Kent, Mrs. Jarvis. f g ingi',., On the 24th ult. at Ashford, Kent, Mr. as oe a , a 1 or." Ile being one of the Society of Ringers, a dual b P L- i ;, tol'", perfoamed for him by the Ashford Youths On the 301111dt. the Rev. John Wats . o . n, C haPirl a - d i ( ' l4. Earl of Liverpool, Rector of Faullihcurn, EsscN , ° • ' lain of Morden College, K.'nt. - 1 f•c" . rg •.. , - 4 On the 24th ult. at Hwick Roxburglishiret a tedi cD nedy, originally from Cumberland; once a celebrate , tll s *l '' at York, Doncaster, Richmond, &c. 14i; (l eao Lately, Mr. Fisise, of Snetterton, Norfolk. - -jog left occasioned by a mortification, from the han d3°. ' e be long upon his arm after the operation of bleeding' ...---- --- ot -- - =2: LONDON: Printed by J. B. CARSTAIRS! of , 14 ,1 °. h!, SC :4I: 4 Orniond-street, Queen-square; and p uhlisn" at T 00146 0, SCRIPPS, of No. 7, South Molton - s trcet, ti n ts, Office, No. 112, Strand ; 'where Adve ttisern• Ltttcrs, &c. (post-raid) must b e addrelicdt Z y .~ , NIT 4 PICE t 4 DEI rtgre ( the Credit( tither parl Agi-eein et' the SCUIE 41 •Low ,‘ ; ""rF, ate the it 4111 e, has * here Not Per u ., (is as 1 / 4 41 e, Um,